Originally from:
Handbook On the Rules Of Civil Procedure For West Virginia Magistrate Courts - Hardcover Version
Handbook On The Rules Of Civil Procedure For West Virginia Magistrate Courts - PDF Version
Rule 2. Complaint - Preview Page
A civil action is commenced by filing a complaint with the magistrate assistant, magistrate clerk, or magistrate deputy clerk. A complaint shall contain:
(a) A short and plain statement of the claim showing that the plaintiff is entitled to relief; and
(b) A demand for jugment for the relief the plaintiff seeks.
§ 2 Complaint
[1] General commentary
Rule 2 provides that a civil action is commenced when a complaint is filed with a magistrate assistant, magistrate clerk, or magistrate deputy clerk.1 Rule 2 has been qualified by statute. Pursuant to W.Va. Code § 50-4-1 a civil action is commenced upon the filing of the complaint and payment of the fees required by W.Va. Code § 50-3-1.2
Rule 2 requires that a complaint set out a short and plain statement of the claim and a demand for judgment for the relief the plaintiff seeks. In the final analysis, all that a plaintiff is required to do under Rule 2 is to set forth sufficient information to outline the elements of his/her claim or to permit inferences to be drawn that these elements exist.3 Rule 2 contemplates a succinct complaint containing a plain statement of the nature of the claim together with a demand for judgment.4 A plaintiff is not required to set forth legal theories that justify the factual assertions in a complaint. A complaint under the Rule is by statement of a claim, not by legal theory. There is no requirement under Rule 2 that a complaint cite to specific statutory or case law authority. Factual allegations alone are what matters.
[2] Special pleading for a complaint filed by commercial creditor
About the Authors:
Justice Robin Jean Davis was engaged in the private practice of law in the state of West Virginia from 1982 until 1996. In 1996, she was elected as a Justice to the West Virginia Supreme Court of Appeals to fill an unexpired term. She was re-elected in November 2000. Justice Davis served as Chief Justice in 1998, 2002, 2006, 2007, and 2010. Justice Davis is the author of several West Virginia Law Review articles, including: "A Tribute to Franklin D. Cleckley: A Compendium of Essential Legal Principles from His Opinions as a Justice on the West Virginia Supreme Court of Appeals"; "A Tribute to Thomas E. McHugh: An Encyclopedia of Legal Principles from Opinions Written by Justice McHugh"; "An Analysis of the Development of Admitting Expert Testimony in Federal Courts and the Impact of That Development on West Virginia Jurisprudence"; and is the co-author with Louis J. Palmer, Jr. of "Workers' Compensation Litigation in West Virginia: Assessing the Impact of the Rule of Liberality and the Need for Fiscal Reform." In addition, Justice Davis is the co-author with Franklin D. Cleckley and Louis J. Palmer, Jr. of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).
Louis J. Palmer, Jr. has been a staff attorney on the West Virginia Supreme Court of Appeals since 1996. He has authored several books that include: Encyclopedia of Abortion in the United States (2d ed. 2008); Encyclopedia of Capital Punishment in the United States (2d ed. 2008); Racism in America: A Guide to Understanding Discrimination (2006); and Encyclopedia of DNA and the United States Criminal Justice System (2004). In addition, Mr. Palmer is the co-author with Franklin D. Cleckley and Robin Jean Davis of Litigation Handbook on West Virginia Rules of Civil Procedure (3d ed. 2008).